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2 Answers | Asked in Estate Planning for California on
Q: beneficiaries who would like partial payment before the 120 day notification is up. Is there a waiver they can sign

Living trust to issue partial payment to beneficiaries from condo sale before 120 notice is met

Klaus Gottlieb
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answered on Jan 14, 2024

If beneficiaries of a living trust wish to receive a partial distribution of trust assets, such as proceeds from the sale of a condo, before the 120-day notification period has elapsed, there are a few considerations:

Trustee Discretion: The trustee has the discretion to make distributions....
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2 Answers | Asked in Civil Litigation and Estate Planning for California on
Q: If a person is the successor trustee of a trust that was written by said person who also is sole beneficiary. Takes pape

Rwork to be signed in nursing home that he put her in. Had access to everything in the house as in her whole life and made it all his. She had no family. And then there's me. The only one there for three years cleaning shopping driving her places and he hasn't once reached ut to me. She... View More

Klaus Gottlieb
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answered on Jan 14, 2024

It appears you are describing a situation involving a trust and a successor trustee, who also happens to be the sole beneficiary. Here are some pointers:

Trustee's Job: The person who took over the trust (the successor trustee) has to do what's best for the person who made the...
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3 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for California on
Q: I just sold my late father's house which was in a trust so the proceeds went to the trust. What are the tax implications

My brother and I are the beneficiares of my Dad's estate and would be splitting the proceeds 50/50. Will taxes be paid on just the trust or would the trust pay taxes first and then us as beneficiaries pay taxes as well on our proceeds? Thank you for your help.

Klaus Gottlieb
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answered on Jan 13, 2024

The tax implications of selling a house that was held in a trust can be complex and depend on various factors, including the type of trust, the terms of the trust, and the tax laws applicable to the trust and the beneficiaries. Generally, if the trust is a non-grantor trust, the trust itself may be... View More

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2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for California on
Q: Is an older person who is able to care for herself with a dedicated long term friend's help, Incapacitated?

The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!

Klaus Gottlieb
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answered on Jan 13, 2024

Under California's new supported decision-making law, an older person who can manage daily life with a friend's help is not necessarily incapacitated. This law allows individuals to make their own decisions with support, rather than needing a fiduciary or conservatorship. If the person is... View More

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